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Province to legislate what police can disclose about innocent Ontarians

Ontario will table legislation detailing what information police can disclose to employers, academic institutions about citizens who have not been convicted.

Nasir Naqvi, Minister of Community Safety and Correctional Services, has heard widespread concerns about the frequent police practice of sharing "non-conviction records" and wants to strike a balance between the security of communities and the protection of personal information. (Rene Johnston / Toronto Star file photo)

The province will table legislation in the new year detailing for the first time what information police can — and cannot — disclose to employers, volunteer agencies and academic institutions about Ontarians who have not been convicted of a crime, the Star has learned.

“There is a balance between safety and security of our communities and protection of personal information,” said Yasir Naqvi, minister of community safety and correctional services in response to questions from the Star Wednesday.

“We want to strike that balance.”

A lengthy Toronto Star investigation earlier this year detailed how the routine release of police-held information about innocent Ontarians has ended careers, undermined job prospects, forced students out of university and college programs and ended up in the country’s criminal records database, which is accessed by U.S. border officials who have used it to restrict the travel of Canadians.

In some cases, even mental health calls to 911 have appeared in police checks on people crossing the border or seeking employment in vulnerable sectors such as hospitals and daycares, the Star investigation found.

“The collaboration in the meeting was palpable,” he said. “I want to capture that and make sure it is reflected in legislation so we have uniformity of practice across the province.”

The current system — in which individual police departments can release non-conviction records at their own discretion — undermines community safety by leaving millions of Ontarians unable to get jobs in their field, volunteer work or placements in academic programs, said Jacqueline Tasca, policy analyst with the John Howard Society of Ontario, who was in the meeting.

“These people are marginalized from meaningful community engagement and unemployment is a risk factor in becoming involved in crime. It is systematically setting up people to be in riskier positions.”

Abby Deshman, a lawyer and director with the Canadian Civil Liberties Association (CCLA) who was also in the meeting, said the message from the province is very encouraging.

“The fact that it remains a priority for the ministry and the government is very positive. They reaffirmed their commitment to bringing in legislation on this issue and addressing the concerns raised.”

There could be as many as four million Ontarians with non-conviction records sitting on police computers, according to studies earlier this year by the CCLA and the John Howard Society.

In July, Ontario Premier Kathleen Wynne asked Naqvi to investigate the disclosure of non-conviction records and return with recommendations.

He has been active on the file, says Cathy Taylor, executive director of the Ontario Nonprofit Network which represents 55,000 non-profit organizations and charities in the province.

“If someone has been charged with something that they have not been convicted of, or someone has had a mental health altercation with police 10 years ago, should that restrict their activities now to support their kids’ soccer team?” said Taylor. “Having real clarity and consistency around what the information means would be very helpful. We were certainly pleased with the minister’s position on legislation.”

Following the Star investigation, the Ontario Association of Chiefs of Police (OACP) issued new guidelines in July calling on police forces across the province to voluntarily stop disclosing unproven allegations, withdrawn charges and 911 mental health calls in background checks shared with employers, volunteer organizations and U.S. border officials.

A survey of southern Ontario police forces by the Star shows that while many say they have adopted the new rules, there are varying degrees of compliance. And the Toronto Police Service has continued to release the information for those applying for jobs in which they would come into contact with vulnerable people such as in daycares or hospitals.

The OACP guidelines do allow for such release in “exceptional” cases, said Toronto Police Service spokesperson Mark Pugash.

“Those guidelines understand that there may be situations . . . where non-conviction information is to be released in order to protect the vulnerable.”

The Toronto Police Service received nearly 110,000 requests last year from professional and volunteer organizations — a 92-per-cent increase over five years ago. That, experts say, reflects the growing reliance employers have on the documents and their influence on hiring decisions.

“What we’re looking for is a more streamline process that allows employers to get accurate information more efficiently,” says Josh Hjartarson, vice-president of policy and government relations with the Ontario Chambers of Commerce which also took part in the meeting with Naqvi.

“If there’s spurious information in there, that does nobody any good. I think certainly there could be a legislative solution and in that case I think we’d be supportive.”

The provincial patchwork of police policies is the reason why, critics argue, the only real solution to the problem is legislation that would make non-conviction disclosures expressly illegal.

“If the government wants consistency, that’s going to take legislation,” said Joe Couto, director of government relations and communications for the Ontario Association of Chiefs of Police.

“We can’t tell police forces what to do from an operational point of view. I believe the government and premier are committed to it.”

The Star investigation revealed numerous examples of innocent lives ruined by unproven allegations levelled at them by neighbours, family members and strangers. In some cases, they were unaware they were ever the subject of allegations until they required a police background check for the purposes of applying for a job, adopting a child, crossing the border or applying for volunteer positions.

“I’ve read a lot of your (the Star’s) stories on this issue,” said Naqvi. “It is an issue that is very important to our government. That’s why we’re putting a priority on this.”

Once a policy is developed it will go before a cabinet committee for review, then to cabinet for approval, he said. If approved, legislation will be drafted. He said he expects tabling in the legislature by spring.

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